Family Law – Divorce Petition – Allegations of cruelty – Appeal filed against a divorce decree granted on the grounds of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 – Appellant wife sought to challenge the judgment dated 28.01.2019 of the Family Court allowing the respondent husband’s divorce petition – Facts of the case involved allegations...
Criminal Appeal – Appeal against Acquittal – Appellant challenging the acquittal of respondents for offences under Sections 498A, 302, 304B of IPC and Sections 3 and 4 of the D.P. Act – Allegation of dowry death and murder of the appellant's sister, Sumalatha, by setting her on fire. [Para 1, 6]
Dowry Death – Evidence of Dowry and Harassment – Insuffi...
Section 125 (3) of Cr.P.C Interpretation – Maintenance Default – Sentencing Duration – Upholding Family Court's decision to sentence petitioner to ten months imprisonment for 28 months of maintenance arrears - Discussion on interpretations of Section 125 (3) of Cr.P.C regarding imprisonment duration for maintenance default - Affirmation that a month's imprisonment for eve...
Matrimonial Appeal – Dissolution of Marriage and Compensation Claims – Appellant husband's plea for dissolution of marriage on grounds of respondent wife's alleged impotency dismissed – Counter claim by respondent wife for restitution of conjugal rights upheld – Awarded compensation and maintenance by Family Court, Kollam. [Para 1-3]
Marital Torts and C...
Criminal Law - Revision Petitions - Setting aside of Charges - Allegations under IPC sections 498A/406/34 - Matrimonial dispute - Misappropriation of stridhan and harassment for dowry - General and omnibus nature of allegations against in-laws - Specific allegations against husband - Court's duty to scrutinize allegations carefully. [Para 10]
Criminal Procedure - Jurisdiction - Co...
Alleged Dowry Death and Murder – Acquittal of Accused - appeal challenges the acquittal of respondents in a case involving the alleged dowry death and murder of Sumalatha, sister of the appellant. The trial court acquitted the respondents, and the appellant seeks to overturn this decision. [Paras 1, 6]
Evidence and Witness Testimonies – Inconsistencies and Lack of Corrobor...
Maintenance – Grant of Maintenance under Section 125 of CrPC – Application filed by wife, Smt. Deepa, and minor son, Rohit, for maintenance against husband, Harish – Trial court allowed application, granting monthly maintenance of Rs. 3,000/- to wife and Rs. 4,000/- to son from July 2010 – High Court upheld trial court's decision, dismissing revisions filed by both part...
Dowry Death – Conviction under Section 304-B IPC set aside – Lack of evidence of cruelty or harassment connected with dowry demand – Death within seven years of marriage and under abnormal circumstances established, but no proximate link between cruelty and death. [Para 2, 3, 4, 5, 6, 7, 8, 9]
Cruelty – Conviction under Section 498-A IPC upheld – Evidence...
Criminal Law - Quashing of Charge Sheet - Revisional application under Sections 401 and 482 CrPC - Allegation of inducing cohabitation under false promise of marriage - Petitioner accused of deceiving married woman into sexual relations by promising marriage upon securing employment - Charge sheet filed for offenses under Sections 417 and 376 IPC - High Court reviewed submissions, evidence, and pr...
Marriage Annulment – Forced Marriage – Nullity of Marriage: Appeal against Family Court’s dismissal of annulment petition – Petitioner’s claim of forced marriage at gunpoint, without consent or customary rituals – Family Court’s failure to frame issues and prepare a decree – Judgment set aside, marriage annulled. [Paras 2, 13-14, 38]
Evidence and ...